NO. D-0202-CV-2010-12985

By on September 30, 2011

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT COURT

NO. D-0202-CV-2010-12985

KIRTLAND FEDERAL CREDIT UNION,

Plaintiff,

v.

MANUEL FLORES, ET AL.

Defendants.

SECOND AMENDED NOTICE OF SALE ON FORECLOSURE

NOTICE IS HEREBY GIVEN that the above entitled Court, having appointed the undersigned as Special Master in this matter with the power to sell, has ordered the Special Master to sell the below described  real property, situated in the County of Bernalillo, State of New Mexico, more particularly described as:

The West Forty fee (W.40’) of Lot numbered Seventeen (17) and the East Forty (E.40’) if Lot numbered Eighteen, in Block numbered Two (2) of Unit One, ADOBE ACRES, a Subdivision, Albuquerque, New Mexico, as the same is shown and designated on the plat thereof, filed in the office of the County Clerk of Bernalillo County, New Mexico, on November 16, 1955, in Volume E, folio 4.

More commonly described as1735 Van Court SW,Albuquerque,NM87105.

The sale shall commence at 4:45 p.m. on November 3, 2011, at the front entrance to the Second Judicial  District Court House, at 400 Lomas NW, Albuquerque, NM 87103.   The property will be sold to the highest bidder for cash.  The property will be sold subject to any and all unpaid taxes and to any liens and assessments not otherwise foreclosed upon herein. Interested bidders should undertake to make their own determination as to the status of title.

For purposes of this sale, “cash” shall mean (1) cash on hand, (2) other immediately available funds, including, but not limited to, bank cashiers checks, or (3) an irrevocable letter of credit payable at sight issued by a financial institution acceptable to and in a form acceptable to the Special Master in an amount not less than the bid amount, delivered to and approved by the Special Master prior to sale.

For purposes of thisSale, the term “immediately available funds” shall refer to those funds that can be delivered to the Special Master within TWENTY-FOUR (24) hours of the acceptance of the bid.

NOTICE IS FURTHER GIVEN that the proceeds of sale will be applied as follows:  first, to all costs and expenses of sale, including the Special Master’s fee and costs; second, to the judgment awarded to Plaintiff  in the amount of $81,042.47, plus interest from August 10, 2010, at the rate of 6.1250% per annum, plus $40 per month from that date until the sale; plus attorney fees in the amount of $1,700.00 and costs incurred by Plaintiff in the amount of $483.26, plus interest from May 23, 2011, at the rate of 8.75% per annum; third,  to the judgment awarded to New Mexico Educators Federal Credit Union in the amount of $35,714.00, plus late charges of $112.00 and accrued interest of $1,780.97, with interest accruing thereon from November 30, 2010 at the rate of 11.75% per annum on the principal amount of $35,714.00; fourth, in such manner as the Court may determine by order entered after the sale.

NOTICE IS FINALLY GIVEN that Plaintiff may bid and purchase the property at the foreclosure sale and may apply all or a portion of its judgment as cash toward the purchase price.

“Electronically Filed”

By:s/Kathleen Brandt,

Attorney at Law

Kathleen Brandt

Special Master

1212PennsylvaniaNE

Albuquerque,NM87110

(505) 266-8787

HCS Pub. September 30, October 7, 14, 21, 2011

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